Stallman v. . Kimberly
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made July 9, 1889, which directed a judgment in favor of-defendants upon a motion for judgment on a verdict in favor of plaintiffs directed, subject to the opinion of the General Term, under section 1185 of Code of Civil ¡Procedure. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made July 9, 1889, which directed a judgment in favor of-defendants upon a motion for judgment on a verdict in favor of plaintiffs directed, subject to the opinion of the General Term, under section 1185 of Code of Civil ¡Procedure. The nature of the action and the facts, so far as material, are stated in the opinion. The language of the act does not require a construction involving such a sweeping-change in the law as that asserted by the learned court below. The lien of a ^…
1Opinion of the CourtO’Brien, J.
The nature and extent of the defendants’ lien as warehousemen, exclusively engaged in that business in the city of Hew York, is the only question involved in this appeal. The plaintiffs are merchants, and in the transaction of their business deposited or stored with the defendants as warehouse-men on five different occasions in the year 1887, five distinct parcels of merchandise which belonged to the plaintiffs.. Prior to February, 1888, the plaintiffs had withdrawn from the defendants’ warehouse certain portions of these goods without paying the lawful charges due to the defendants thereon…
2Cases cited2 opinions
- Schmidt v. BloodNew York Supreme Court · 1832
- Steinman v. WilkinsSupreme Court of Pennsylvania · 1844
3Cited by9 opinions
- San Angelo Wine & Spirits Corp. v. South End Warehouse Co.Appellate Division of the Superior Court of California · 1936
- Harbor View Marine Corp. v. Braudy. In Re Pearl Fisheries, IncCourt of Appeals for the First Circuit · 1951
- In Re TaubCourt of Appeals for the Second Circuit · 1925
- Kaufman v. LeonardMichigan Supreme Court · 1905
- Baumann v. PostNew York Court of Common Pleas · 1890
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